BALU DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) THE petitioner's husband without completing requisite service of 10 years retired on medical grounds with effect from 10. 3. 73 and GPPO NO. 2864 (C) was issued in favour of the petitioner's husband. The petitioner's husband died on 15. 8. 78. The contention of the petitioner is that the petitioner is entitled to grant of family pension from the date of death of the petitioner. Learned counsel for the petitioner relied upon two judgments. One delivered by the Division Bench of this Court (Jaipur Bench) in the case of mohammad Hasan Khan vs. U. O. I. and Ors. Reported in 2008 (5) WLC (Raj.) 363 wherein the employee was retired from service on the medical ground and disease was attributed to service, which is not the fact in the present case.

(3.) IN another judgment delivered by the Hon'ble apex Court in the case of Union of India and Anr. vs. Bashirbhai R. Khiliji reported in AIR 2007 SC 1935, the employee was retired from service on medical grounds who suffered permanent disability while on duty and he did not complete minimum service of 10 years required for pension. The pension was declined by the employer Union of india. The Hon'ble Apex Court in its power considering the fact that the employee became completely deaf, therefore, he has been granted rs. 1000/- per month which has been referred as compensation by the Hon'ble Apex Court. He was also held entitled to Rs. 22,231/- for medical treatment and was also granted Rs. 1 lakh ex-gratia amount.